Bill Text: TX HB946 | 2015-2016 | 84th Legislature | Comm Sub

Texas House Bill 946 (Prior Session Legislation)

Bill Title: Relating to painting and marking requirements for certain meteorological evaluation towers; creating an offense.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Introduced - Dead) 2015-05-05 - Laid on the table subject to call [HB946 Detail]

Download: Texas-2015-HB946-Comm_Sub.html

	84R17945 JRR-D

	By: Workman, Frullo, Frank,	H.B. No. 946
	Anderson of McLennan, King of Uvalde,

	et al.

	Substitute the following for H.B.



	A BILL TO BE ENTITLED
	AN ACT
	relating to painting and marking requirements for certain
	meteorological evaluation towers; creating an offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 21, Transportation Code,
	is amended by adding Section 21.071 to read as follows:
	Sec. 21.071. PAINTING AND MARKING REQUIREMENTS FOR CERTAIN
	METEOROLOGICAL EVALUATION TOWERS; OFFENSE. (a) In this section,
	"meteorological evaluation tower" means a structure that:
	(1) is self-standing or supported by guy wires and
	anchors;
	(2) is not more than six feet in diameter at the base
	of the structure; and
	(3) has accessory facilities on which an antenna,
	sensor, camera, meteorological instrument, or other equipment is
	mounted for the purpose of documenting whether a site has
	sufficient wind resources for the operation of a wind turbine
	generator.
	(b) For purposes of this section, "meteorological
	evaluation tower" does not include a structure that is located:
	(1) adjacent to a building, including a barn, or an
	electric utility substation; or
	(2) in the curtilage of a residence.
	(c) A meteorological evaluation tower that is at least 50
	feet but not more than 200 feet in height above ground level:
	(1) must be painted in equal alternating bands of
	aviation orange and white, beginning with orange at the top of the
	tower;
	(2) must have aviation orange marker balls installed
	and displayed in accordance with the standards contained in 76 Fed.
	Reg. 36983 (June 24, 2011) and Federal Aviation Administration
	Advisory Circular AC 70/7460-1K; and
	(3) may not be supported by guy wires unless the guy
	wires have a seven-foot-long safety sleeve at each anchor point
	that extends from the anchor point along each guy wire attached to
	the anchor point.
	(d) A person who owns, operates, or erects a meteorological
	evaluation tower in violation of this section commits an offense.
	An offense under this subsection is a Class C misdemeanor, except
	that the offense is a Class B misdemeanor if it is shown on the trial
	of the offense that as a result of the commission of the offense a
	collision with the meteorological evaluation tower occurred
	causing bodily injury or death to another person.
	(e) The department shall adopt rules to implement and
	administer this section, including rules requiring a person:
	(1) who owns, operates, or erects a meteorological
	evaluation tower to provide notice to the department of the
	existence of or intent to erect a meteorological evaluation tower;
	and
	(2) to register the meteorological evaluation tower
	with the department.
	SECTION 2. The Texas Department of Transportation shall
	adopt rules required to implement and administer Section 21.071,
	Transportation Code, as added by this Act, not later than December
	31, 2015.
	SECTION 3. (a) Except as provided by this section, Section
	21.071, Transportation Code, as added by this Act, applies to a
	meteorological evaluation tower erected before, on, or after the
	effective date of this Act.
	(b) A meteorological evaluation tower erected before the
	effective date of this Act is not required to comply with the
	painting and marking requirements of Section 21.071,
	Transportation Code, as added by this Act, until September 1, 2016.
	SECTION 4. This Act takes effect September 1, 2015.